At the start of the current semester, Swan was offered a choice: Sign a contract with the college or be expelled. The contract included mandatory diversity training, completing various projects at the faculty's direction, and the possibility of above-normal scrutiny during Swan's student teaching this fall. Instead of signing, Swan contacted FIRE. "Almost immediately, Swan's situation changed," said an article in the local newspaper, the Moscow-Pullman Daily News. The faculty told Swan he did not have to sign the contract and would not be expelled. Judy Mitchell, dean of the college of education, said the school would continue using the PDEs. A reporter asked her if Supreme Court Justice Antonin Scalia would pass a PDE if he were a student at the college. "I don't know how to answer that," Mitchell replied.
David French, president of FIRE, then jumped in. "I commend the dean for her honesty," he said. "But the answer is alarming because Scalia shouldn't fail any 'character' test because of his beliefs." Obviously, the dean had a problem. She couldn't say that no conservatives need apply, and she couldn't tell her faculty that the PDE s would be waived for someone like Scalia. In both the Johnson and the Swan cases, the colleges backed down when FIRE went public, but neither agreed to avoid using dispositions theory for apparently ideological purposes. The lesson for education students is clear: Say what you think in class, and if the administration moves against you, give FIRE a call.